BILL NUMBER: AB 2086	CHAPTERED  09/29/00

	CHAPTER   873
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN ASSEMBLY   MARCH 28, 2000

INTRODUCED BY   Assembly Member Reyes

                        FEBRUARY 22, 2000

   An act to amend Sections 31402, 34506.4, and 40000.15 of, and to
add Sections 24002.5 and 34506.5 to, the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2086, Reyes.  Farm labor vehicles:  unsafe operation.
   (1) Existing law prohibits any person from operating a farm labor
vehicle, as defined, except to take the vehicle unladen to a repair
shop, after notice by the Department of the California Highway Patrol
to the owner that the vehicle is in an unsafe condition or is not
equipped as required by the Vehicle Code, or any regulations adopted
thereunder, until the vehicle and its equipment have been made to
conform with the requirements of that code, or any regulations
adopted thereunder, and approved by the department.
   This bill would prohibit a person from operating a farm labor
vehicle, except as may be necessary to return the unladen vehicle or
combination of vehicles to the residence or place of business of the
owner or driver, or to a garage, after notice by the department to
the owner that the vehicle is in an unsafe condition or is not
equipped as required by the Vehicle Code, as prescribed.  The bill
would make it a misdemeanor for any person to operate a farm labor
vehicle in violation of this provision while the vehicle is in a
condition that presents an immediate safety hazard, as defined.  To
the extent that this bill would change the definition of a crime, the
bill would impose a state-mandated local program.  The bill would
require a violation of these provisions be punished by a fine of not
less than $1,000 and not more than $5,000, or both that fine and a
sentence of confinement for not more than 6 months in the county
jail.  The bill would prohibit the suspension of any part of the
fine.
   The bill would make it a misdemeanor for any person to operate a
farm labor vehicle in a condition that presents an immediate safety
hazard, or in violation of specified provisions of the Vehicle Code.
The bill thereby would impose a state-mandated local program by
creating a new crime.  The bill would require that a violation of
these provisions be punished by a fine of not less than $1,000 and
not more than $5,000, or both that fine and a sentence of confinement
for not more than 6 months in the county jail.  The bill would
prohibit the suspension of any part of the fine.
   The bill would authorize any member of the Department of the
California Highway Patrol to impound a farm labor vehicle operated in
violation of these provisions, as prescribed, and would provide for
its release from impoundment under specified conditions.
   The bill would provide that a farm labor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in violation of
the specified provisions and has been impounded by the department as
specified above for a second or subsequent time.  The bill would
specify the procedure to be followed for vehicle forfeiture.
   The bill would make conforming changes.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares that it is the
intent of the Legislature that nothing in the act adding this section
may be construed to require that farm labor vehicles be added to the
state's Biennial Inspection Terminal program or to make the drug
testing and other testing requirements included in that program
applicable to farm labor vehicles.
  SEC. 2.  Section 24002.5 is added to the Vehicle Code, to read:
   24002.5.  (a) No person may operate a farm labor vehicle that is
in a condition that presents an immediate safety hazard or in
violation of Section 24004 or 31402.
   (b) A violation of this section is a misdemeanor punishable by a
fine of not less than one thousand dollars ($1,000) and not more than
five thousand dollars ($5,000), or both that fine and a sentence of
confinement for not more than six months in the county jail.  No part
of any fine imposed under this section may be suspended.
   (c) As used in this section, an "immediate safety hazard" is any
equipment violation described in subdivision (a) of Section 31401 or
Section 31405, including any violation of a regulation adopted
pursuant to those provisions.
   (d) Any member of the Department of the California Highway Patrol
may impound a farm labor vehicle operated in violation of this
section pursuant to Section 34506.4.
  SEC. 3.  Section 31402 of the Vehicle Code is amended to read:
   31402.  (a) No person may operate any farm labor vehicle except as
may be necessary to return the unladen vehicle or combination of
vehicles to the residence or place of business of the owner or
driver, or to a garage, after notice by the department to the owner
that the vehicle is in an unsafe condition or is not equipped as
required by this code, or any regulations adopted thereunder, until
the vehicle and its equipment have been made to conform with the
requirements of this code, or any regulations adopted thereunder, and
approved by the department.
   (b) (1) A person who operates a farm labor vehicle in violation of
this section while the vehicle is in a condition that presents an
immediate safety hazard is guilty of a misdemeanor punishable by a
fine of not less than one thousand dollars ($1,000) and not more than
five thousand dollars ($5,000), or both that fine and a sentence of
confinement for not more than six months in the county jail.  No part
of any fine imposed under this subdivision may be suspended.
   (2) As used in this subdivision, an "immediate safety hazard" is
any equipment violation described in subdivision (a) of Section 31401
or Section 31405, including any violation of a regulation adopted
pursuant to that provision or those provisions.
   (c) Any member of the Department of the California Highway Patrol
may impound a farm labor vehicle operated in violation of this
section pursuant to Section 34506.4.  A farm labor vehicle shall not
be impounded unless a member of that department determines that a
person has failed to comply with subdivision (a) or a person fails to
comply with a lawful out-of-service order, as described in
subdivision (b) of Section 2800.
  SEC. 4.  Section 34506.4 of the Vehicle Code is amended to read:
   34506.4.  (a) Any member of the Department of the California
Highway Patrol may remove from the highway and have placed in a
storage facility, any vehicle described in subdivision (a) of Section
22406, subdivision (g) of Section 34500, and any motortruck with a
gross vehicle weight rating of more than 10,000 pounds, which is in
an unsafe condition.
   (b) Any member of the Department of the California Highway Patrol
may impound any farm labor vehicle operated in violation of
subdivision (b) of Section 2800, subdivision (a) of Section 24002.5,
or subdivision (a) of Section 31402, subject to the following
requirements:
   (1) A farm labor vehicle impounded for a first violation of
subdivision (b) of Section 2800, subdivision (a) of Section 24002.5,
or subdivision (a) of Section 31402 may be released within 24 hours
upon delivery to the impounding authority of satisfactory proof that
the vehicle will be legally moved or transported to a place of
repair.
   (2) A farm labor vehicle shall be impounded for not less than 10
days for a second violation of subdivision (b) of Section 2800,
subdivision (a) of Section 24002.5, or subdivision (a) of Section
31402, or any combination of two of those provisions, if the original
equipment or maintenance violation has not been repaired to comply
with existing law.  The farm labor vehicle shall be released after 10
days upon delivery to the impounding authority of satisfactory proof
that the vehicle has been repaired to comply with existing law, or
upon delivery to the impounding agency of satisfactory proof that the
vehicle will be lawfully moved or transported to a place of repair.

   (3) A farm labor vehicle shall be impounded for not less than 30
days for a third or subsequent violation of subdivision (b) of
Section 2800, subdivision (a) of Section 24002.5, or subdivision (a)
of Section 31402, or any combination of three or more of those
provisions, if the original equipment or maintenance violation has
not been repaired to comply with existing law.  The farm labor
vehicle shall be released after 30 days upon delivery to the
impounding authority of satisfactory proof that the vehicle has been
repaired to comply with existing law, or upon delivery to the
impounding agency of satisfactory proof that the vehicle will be
lawfully moved or transported to a place of repair.
   (c) All towing and storage fees for a vehicle removed under this
section shall be paid by the owner.
  SEC. 5.  Section 34506.5 is added to the Vehicle Code, to read:
   34506.5.  (a) A farm labor vehicle is subject to forfeiture as a
nuisance if it is driven on a highway in violation of subdivision (b)
of Section 2800, subdivision (a) of Section 24002.5, or subdivision
(a) of Section 31402 and has been impounded for a second or
subsequent time pursuant to paragraph (3) of subdivision (b) of
Section 34506.4.
   (b) (1) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to paragraph (1) or (2) of subdivision (n) of
Section 14607.6.
   (2) If it is determined that the necessary repairs had been
completed and the farm labor vehicle complied with existing laws at
the time of impoundment, the agency employing the person who directed
the impoundment shall be responsible for the costs incurred for
towing and storage.
   (c) Procedures established in subdivisions (e), (f), (g), (h),
(i), (j), (k), (l), (o), (p), (q), (r), (t), (u), and (v) of Section
14607.6 shall be utilized for the forfeiture of an impounded farm
labor vehicle.
  SEC. 6.  Section 40000.15 of the Vehicle Code is amended to read:
   40000.15.  A violation of any of the following provisions shall
constitute a misdemeanor, and not an infraction:
   Sections 23103 and 23104, relating to reckless driving.
   Section 23109, relating to speed contests or exhibitions.
   Subdivision (a) of Section 23110, relating to throwing at
vehicles.
   Section 23152, relating to driving under the influence.
   Subdivision (b) of Section 23222, relating to possession of
marijuana.
   Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying any alcoholic beverage.
   Section 23253, relating to officers on vehicular crossings.
   Section 23332, relating to trespassing.
   Section 24002.5, relating to unlawful operation of a farm vehicle.

   Section 24011.3, relating to vehicle bumper strength notices.
   Section 27150.1, relating to sale of exhaust systems.
   Section 27362, relating to child passenger seat restraints.
   Section 28050, relating to true mileage driven.
   Section 28050.5, relating to nonfunctional odometers.
   Section 28051, relating to resetting odometers.
   Section 28051.5, relating to devices to reset odometers.
   Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
